Also when I file this form does the state of California offer a fee waiver if I cannot afford the filing fee?
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answered on Sep 27, 2023
You can generally get a California Small Estate Affidavit notarized in Nevada. When using out-of-state notaries for California legal documents, make sure the notary is familiar with the requirements. As for fee waivers, California courts do offer them for those who can demonstrate financial... View More 
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answered on Aug 29, 2023
In Nevada, if your will does not specifically address a piece of real property, it could potentially cause complications for your beneficiary. A will is a legal document that outlines your wishes for the distribution of your assets after your passing. If you own real property and it is not... View More
Her and boyfriend are joint tenants on her other property both on deed. The other property is in my mom's name only and is paid in full and I live in the house .I have to file paperwork when she dies .What paperwork should I have ready in the State of Nevada?
answered on Aug 22, 2023
If your mother dies before her boyfriend, he will end up owning the property they hold in joint tenancy. If you are an only child and your mother dies without a will you will have to probate the house solely in her name but you will get it unless creditors have a claim. Even if she had willed the... View More
Divide all of his assets between the beneficiaries. My stepsister told my blood sister that they we’re getting a 2mil life insurance payoff and that they won’t be splitting it up as per the trust. Can she do that?
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answered on May 22, 2023
Your question is missing important facts. The life insurance must be paid according to the death beneficiary designation that the owner specified for the policy.
If the death beneficiary is the trust, then the proceeds must be distributed according to the terms of the trust. The trust... View More
My brother became sick and he wrote me a check for $30000 i deposited it to my account but it was denied due to funds not being in checking so he transfered funds and wrote me another check i deposited it then he died the check was denied for an unknown reason my account was froze then closed due... View More
answered on Feb 9, 2023
Sorry to hear about the loss of your brother. In the event his estate consisted solely of the bank account and it was under $25,000, then you would be able to access the account through the use of Nevada's Small Estate Affidavit. Unfortunately, due to the amount involved, this will not be... View More
I have been my dad's guardian for over 10 years. I am also his heir. I have one sibling who isn't interested in the account. My dad didn't have a will. He only had a bank account that has a 100k balance. He has no debt and no other assets. I am trying to avoid attorney fees, etc.,... View More
answered on Feb 9, 2023
While there is no legal obligation to retain an attorney to close the guardianship, you are required to file a final account to terminate the guardianship. You should be aware that you cannot withdraw money from a guardianship account without a court order and these restrictions don't... View More
I have been my dad's guardian for over 10 years. I am also his heir. I have one sibling who isn't interested in the account. My dad didn't have a will. He only had a bank account that has a 100k balance. He has no debt and no other assets. I am trying to avoid attorney fees, etc.,... View More
answered on Jan 24, 2023
Appears your father died with a guardianship over his person and property. If so, final pleadings advising the guardianship court of his death. This will close out the guardianship. If your father died with the bank account you say no one else has an interest in the account, and you are not a pay... View More
Relatives are living there rent free because of health issues. I want to store my dad's belongings there and they are telling me there is no room. I've heard my uncle is going to try and get it. What can I do or where do I start? There is no will. Do I have any authority at all? Please help
answered on Jan 3, 2023
Firstly, sorry for your loss.
Based upon what you have said, the house and dad's other assets will become yours as an only child, however the assets will most likely have to go through probate to become yours. You should consult with an attorney soon regarding opening a probate action... View More
Aunt and uncle live there rent free because of health issues. I've heard my uncle wants to take it over. Where do I Start?
Any advise would be appreciated.
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answered on Jan 1, 2023
You probably own it as the sole heir. Hire an attorney to search the title, determine heirship, and possibly evict the relatives. If only a tenant in common, then partition may be in order.
I am an only child and my father wasn't married. My father was Muslim- I am not. I am female. My father told me about the bank accounts and investments and insurance policies he was leaving me. How do I get them when I'm in Nevada?
answered on Nov 19, 2022
An attorney familiar with Egyptian law will very likely provide a much better answer than I will. But just in case one does not leave an answer, maybe my answer will be a good start. In the US, the laws governing how property passes to heirs/descendants, depends upon residence of the deceased at... View More
Spouse dies, does deed transfer upon presentation of death certificate?
answered on May 12, 2022
No, it is not assumed, and even if it was JTWROS, presentation of the death certificate is not sufficient.
You should consult with an attorney, as there are a few things to consider before it can be determined how best get the house transferred.
Spouse dies, does deed transfer upon presentation of death certificate?
answered on May 12, 2022
In order for the surviving spouse to obtain full title w/o probate the deed to both spouses must say as joint tenants or with rights of survivorship. Then, in order to be able to get title insurance for a sale, the new deed must have been recorded BEFORE the first to die spouse dies.
If... View More
answered on Feb 16, 2023
If husband has children, it would go to them, and if a child of husband is deceased with chiildren, that deceased childs children would take his/her share. If no children, then parents. If parents are deceased, then siblings.
Deed was joint with right of survivorship
answered on May 11, 2022
Probate is about clearing title of the name of the deceased from property the deceased owned individually - not with someone else like Joint tenancy WROS, so the answer is no.
This individual has a wife. Do I have to pay her the 100K?
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answered on Apr 14, 2022
It is not possible to answer your question without reviewing the trust. Depending on how the trust is worded, that share might lapse or it might belong to the estate of the deceased beneficiary or it might go to a specifically stated contingent beneficiary. Take the trust to a trust... View More
the man, who is the stepfather to the beneficarys, starts a charitable LLC. right after his wifes death. of whitch he is president and CEO. then two months before his death,he secretly amends the family trust to name his nonprofit as the sole beneficary. He removed the two blood heirs of his wife... View More
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answered on Mar 8, 2022
There are way too many missing facts to answer your question. You really do need a full consultation for that.
My editorial comment here is if the wife really wanted to protect against this, then it was an estate planning failure, at least as to her share of the trust estate, because this... View More
Her house is almost paid off and it is the only inheritance I have. She wants to make sure I get the house, but I don’t know what’s better - a quitclaim deed or have my mom sell the house to me for a minimal amount.
answered on Feb 21, 2022
Neither is a good idea. The first reason is quitclaim deed is just a method of transfer of real property - it alone does not trigger a tax savings technique. Sale of the residence for a minimal amount will trigger a gift subject to gift tax reporting for any value sold for less than the FMV... View More
I live in an owned joint tenancy. One of the owners made a living trust. Does the living trust destroy joint tenancy if that person dies, or does survivorship still apply to the other person on the deed?
answered on Jan 28, 2022
A joint tenant creating as revocable living trust along does not destroy a joint tenancy. What destroys the joint tenancy is a joint tenancy drafting a deed removing his/her interest as a joint tenant. So the action of joint tenant signing a deed (s/he along can sign) conveying a her/his interest... View More
We live in her home which is in the trust. When she passes can I take over payments and keep the home? She owes 350k but house is worth 700k. We are in NV
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answered on Dec 13, 2021
You would be considered a "successor in interest" and, yes, you can just keep making the payments. When the trust administration is complete and the home is in your name, provide a copy of the deed to the mortgage lender and let them know that they should start sending statements to you.
His wife trying to evict me. Can I stay this and compel the will be produced?How do I go about this? A general form to compell to produce the WILL and stay eviction.
answered on Nov 4, 2021
Your situation sounds like it may benefit from speaking to a probate attorney. unfortunately our firm doesn't handle these types of matters but I am certain you can get assistance from a probate attorney. wishing you the best.
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